1968 RES CITY COUNCIL BEGIN PROVIDING EMERGENCY MEDICAL SERVICES FOR CITIZENS OF PARIS ON 1ST DAY OF SEPTEMBER 1979RESOLUTION N0. 1968 ,
WHEREAS, the City Council of the City of Paris began pro-
viding emergency medical services for the citizens of Paris on
the lst day of September, 1979; and,
WHEREAS, the modular ambulance partially funded by grant,
formerly leased by McCuistion Regional Medical Center, was avail-
able for lease to the City of Paris on September l, 1979; and,
WHEREAS, it is deemed to be in the best interest of the
citizens of the City of Paris that said modular ambulance be
leased from the Texas Department of Health, upon the terms and
conditions as shown in Exhibit A attached hereto; NOW, THERE-
FORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Mayor of the City of Paris, Michael E. Malone,
be, and he is hereby authorized and directed to execute the lease
agreement for one modular ambulance, effective September l,
1979, with the Texas Department of Health, upon the terms and
conditions and in the form shown in E~ibit A attached hereto.
Passed and adopted this lOth day of September, 1979.
. A~ ~r ~
ichae . Malone, Niayor
ATTEST:
H. ~ Gre ne, City lerk ~
APP OVED TO FORM:
i--~`,
T. I<, aynes, ity Attorney
sTnTc oF TExAs
couNTY or TRnv i s
VEIiICI.(: [,I:ASf; AND '1'ORT IN►)I;hWITY" r1(;i'.i'.1'~~`~tFN"➢'
ThiS motor vehicl.e lc:aae is rnaae betwe.en the Texas [7eVa7•tment ot HealttY
pursuant to the Acts af the Sixty-Fourth Legis2attire, Rcgular.• Session, page 832,
at page 847, Section 10, with its pr_izicipal place of business at. ] i00 West 49th
5tieet, Austin, Travis County, 'I'exas, 78756, hk.rein referrcd to as I.essor <+nd
the City of Par.i.s, acting
by and t:hrouoh its auly cortszitut:ed City Cotmc_il
wit'k-a ~its princiPal placc „f bu,incss at
Past Office Box 1037, 135 lst Sout}ieast, Paris, Texas 75460,
hereinafter referred to as Lessec>.
SF:CTION ONI:
MOTOR l'EIIICI_,F.S
5ubject to the terms ancl conclition>> hereof, Lessor loases to 3,essee and
Lessee hires fx•om Lessor the motor vehicles and equipment descril>eci in the sepa:r<xtc:
sc.hedules annexed hez•eto arid a11 separate scllectules liereinaftex• executed, whicFi
schedules are made ancl such arE: made a part herenf with the s.smi i'c>rce and effect
as if this lease were rewr::.tten and executed at the time each scrrnrate schedule is
made a part hereof, foi• a term beginning on the date each s:;ch ve}licle and its
equiprnent is delivered to the )..cssee, and cantinuing therc:;:ftcr irr.til t.erminated.
Said vehicles and ec{uipment are to hc> used :in the normal ancl orliniry course oi'
Lessee's Emergency htedical Service, herein referre.d to as I:Mti, upon the t.erms and
conditions set for'th in Lhis 1ease and as set forth respectiveIy in the applicable
separate sctaeciule annexed he:reto now and hereafter made apnrt i,ereof,
SI:CTII)N 'I"WO
!vA'I'IiRE: OF CON'1'P.'1CT
As to taaigible persvnal prolacrty, thzs is a contx•act c7F leas ing unly. "rhc
Lessee does not, by these presents acqu:ire any right, titl.c, or i.ntercst irw o- to
the prapert-.y cle;cribea in th:s leasing agreement.
rVtiereas a tederal grant for the }:stablis}umeTYt and iriti<iI Operat:ions of
E:mergency Medical Service5 Systems was awarded to the 'I'exas [ic:pirtmexit of klclal tti
in .Jwne, 1977 in ordcr to ful£ill the requixemenrs of ti,ti• 1:MS txrant
No. U6-H-000571-01, awarded by the Department af Elealth, Eclucat i:,n, and w'elfarth,
and iii consi{ierati.on thereof, the Lessee agree.s to the followirg rondi_ti_ons:
T'he I,assee agrees that, by the end nf the project year, ti:c rhTS Anbulance
Utiit will be stafted otl a`'4-ho;rr hasis by ERffs-Basic, provici.ed titat such train-
i.ng is available wi.thin the Ark-Tex Council c;t Gavernments area.
I,essor shall riot tae liab1L for• loss of ox• dama.c=,e to unv propcrty Zeft, stared,
loticied, or txansportuci in C7I' llpi)?7 ariy veliicle or equipment i`urnished by Lessor
to the I,essee pursuant tu this lc:-«e. t.cssor shall not he liahle foi• loss or damage
to any vehicle or equipment pursis;snt to thi.s lcase, causecl by cc>:lision, fireY
governmental action, theFt, transportati1m, tornado, wi.ndstorm, eartiiquake, or
conversian by an agent or employee of the Lessee. '1'he I,esse•e shNll cause its
agent:s and employees to take a?l reasor.atrle steps to sa{c:guarr1 tiaid vrhicles and
cquipment and to cooperate with l essor in eff'ectinr; recnvery frc±m any person c7r
persons liabIe for loss or damagc to said vehicles a17r1 c:qu;prncnt.
If a'✓ehicle or equipment £ur•niwilcd by iessor to tliu [osscc~ nursA<int to
this agreement is involved in any acc, ient the !:cssen sh,711 ccll!sc its :zgeT7ts
arld employees to notify Lessor thereuf :irnrriediately hy telephone. Thcreafter,
as soan as practi.cahle, the I.tsssee shall repol`t to I,essor in writing givi.ng all
information relative to the accider:t. 'Che Lessee, its aKe»ts anct employees,
shall cooperate fully with I,essor and the instirer in the iTavcstigatioi7 and
defense of any cl<,im or suit, .;nu shall ,;lo nothing to impai_r or invaliaate any
applic.able insurance coverage.
't'he I:e.ssee sha11 promptly dc1:ivE:r to Lessor any and a11 papez•s, ilotices,
s;unmonses, process and documeT,ts whitsoever served upon or delivr_red to the Lessee,
the I,essee's agents or employees in ct>>incction wiTh any elaim, spii. ~!,_tion, c.rr
procec:dirtg at law or in equity commencecl or YhreatE:ned agr3i_:sst I R,s,.or :arising out
EXHIBIT A
of the ownership, maintenance, use, misuse, storcige, or oPer.it.ion of any vehiclc and
equipment leased liereunder.
The I,essce agrees not to pcrrn.i.t any uniatitiful use ur purpase uf any of the
vehicles and equipment lcased hereuncler nor to be used in violation oC any statute,
laws or orclinances, rules, or regulations app].i.cable to thc operat_ion of such
motor vehicles and its equipment and wi11 hold Lessor harmless fi•om any fines,
forfeitures, or penalties or traffic violation or for the violation of any statute
2aw, ordinance, rule or regulation of any duly constituted public atrt hority. Under
the terms of this leasc the Lessee is permitted to use all vehicles ancl equi.pment
covered hereunder at any and all times for any ancl all lawful purposes. The
vehicles and equipment, leased hercuncler shall at all times be driven ancl/or manned,
and/or operated only by safe, careful and legally qtialified drivers arld personnel
having a proper license. All personnel of t}ie I.essee's .F:r1S are concltisively presu:ned
to be the employees, agents or volunteers of the Lessee only. The I.esSee shall
cause said vehicles and equipment to be used and operatecl with rcasonable care and
precaution to prevent loss and damage to said vehicles and equiPment because of
negligence or reckless use, abuse, fire, theft, collision, or i.njury to persons
or property.
The Lessee includes in its liability and indemnification of l.essor set out
below any liability loss or damage Lessor may suffer as a result of the fai.lure
of the Lessee or those acting under the Lessee to conform to the stattites, ordiilances,
or other regulations or requirements of aiiy governmental aut}larity, in connection
with the use, misuse, storage, maintenance, o-wnership or oper.ation of the leased
vehicle and equipment.
None of the vehicles and eQuipment leased hereunder will., ti.•}zile in the posses-
sion, custody or control of the Lessee, be operated in excess of their respective
rated maximum weights as specified in the manufacturer's specificatians.
The Lessee shall provide and maintain d.uring thc term af this lease eit}zer
a policy of automobile and public liability insurance or be a sel.f'-insurer up to
the rec{uired liability amoemts and caverage. Said self-insurance or palicy shall
insure I,essor and the I.essee and their respective agents and employces with r.espect
to liaUility as a result of the ownership maintenance, use, or opcrat:LOn of vehicl.es
and equipment furnishe3 Uy Lessor to the Lessee pursuant to this lease.
Said insuraiice shall be primary, and not excess or contri.biztory, wi.tli respect
to any accident or occasion of treatment or care involving saici vchicle and its
equipment or any ENtS personnel and shall afford bodily injury liabi.lit), li.mits of
not less ttian $100,000.00 for injtiry or death of one person in any orie acc:ident
or occasion of treatment or care ancl subject to such limit per Iserson to a total
liability of $300,000.00 for all persons treated or cared for, or injured or killed
in the same accident or occasion of treatment or care and $25,000.00 for damage, ,
destruction and/or loss of use of property as a result o£ one accident, and Lessor shall
not be liable for damage to property owned by, rented to, or in charge of fihe Lessee.
I.essee shall also either be a self-insurer or carry collision insurarice at least in the
amount of the value of the vehicle t:nder lease. If a collision self-i.nsurer, lessec-;
shall provide appropriate documentation of its self-insurer status.
Said insurance shall be in a form acceptable to Lessor. The Lessee shall
cause the insurer to furnish to Lessor no less than five clays prior to the day on
whi.ch any vehicle and equipment subject to this lease shall be delivered to the
Lessee, a certificate of irisurance and a certiEicate of any renewal or replacement
thereof, evidencing coverage as outlined above. Said certificate shall provide
tliat the insurance shall not be cancelled or materially modifiecl except upon fifteen
(15) days advance written notice to Lessor. 1'he liability coverage described above
may be afforded under a bond or self-insurance in accordance wi.th the provisions
of Article 6252-19 V.A.C.S. or similar arrarigement, in lieu of or in combination
with stich policy, to the extent permittecl by law. If a self-insurer for liability,
Lessee shall provicle appropriate documentation of self-insizrer status.
~ I'he Lessee shall not permit any, vehicle and its equipment to be used as to
cause or permit cancellation or suspension of i_nsurance covera~e, or for hire, nor
to be removed from t;le continental limits of the United States witlYOUt the written
consent of Lessor.
The vehicle and equipmerit subject to tiiis lease shall bcar licerlse plates and
the titlcs thereto shall be registered in the name of Lessor. '1'he registration
or license fees sliall be paid by the Lessee. Prior to the expiration of any licensing
period, the license and inspection for each vehicle and its equipment shall be
procured by and at the expense of the Lessee.
Page 2
The Lessee shall pay all.cost necessary for thc operation oF saicl vehi.cle and
equipment, including but not limited to gasoline, oil, all stoi•age chai•ges, parking
charges, and fines. The Lessee shall, at its cost, maintain said vehicle and its
equipment in good repair, mechanical condition ancl running or-cler.
The Lessee shall immediately inspect the vehicle ancl each item of equipment
delivered pursuant to this lease, and shall notify Lessor in writing of any dis-
crepancies between said vehicle and its equipment and the description, .i.nventory,
statement of condition, and valuation of saicl itern of vehicle aiid eclUi.pment as
agreed to in the attached schedule or schedules. If l,essor receives no such written
notice within five (5) days after delivery of the vehicle aiid its equipment, the
Lessee will be conclusively presumed to have received and accepted the vehicle
and its equipment as specified.
All remedies for breach of this lease agreement are cunzulative aiid may be
exercised concurrently or separately aiid from time to time. The Lessee will pay
all costs and expenses, ineluding attorney's fees, incurred in the preservation or
enforcement of any rights of Lessor or obligation of the Lessee uncler thi_s lease
and indemnity agreement.
Should any action in law or in equity be commenced by either party hereto in
connection with any breach or breaches of this agreement by the other party, tlien
and in such event or events it is mutually agi•eed that any court of competent jur-
isdiction may add to any judgement rendered in favor of either party a sum that
will reasoriably compensate for any attorney's fees incurred in such action and £or
any cfl5t and expense reasonably inciclent to sucti action in addition to the costs
allowable at law or in equit)• as an incident of such audgement.
The Lessee agrees to indemnify Lessor, its directors, officers, employees,
agents, and assigns, against, aiid hold then► harm2ess from, any and all clai.ms demailds,
liabilities, actions, suits, and proceedings of eyery kind, inclucli.nb tlle cost and
expenses thereof, caused by, arising out of, or connected with the otanership,
maintenance, use or operatian of vehicles and their equipment leased hereiinder, and
the medical or emergency treatment and/or care rendered to victims ana/or patients
including, manufacturer, selection, delivery, maintenance, ownership, possession,
storage, misuse, use, operation, training, licensure, }iandling, transportation, and/
or property damage. Lessor shall not be liable for any loss, da.mage, or injury to
the Lessee of any kind and in any mafiner causea hy or connected wi.th any vehicle or
its equipment or the condition, reconditioning, repair, maintenailce, o4vnership,
possession, or use thereof.
The Lessee does hereby release, hold harmless from, and indemnify Lessor f.or,
all claims, damages, ana causes of action that may arise frorn ar in connecti.on with
any treatment or care rendered by any employee or volunteer of the Lessee's FP9S
Operation to any victim or patient and also from otner medical care arising therefrom,
and also from and for any aiid all claims, damages and causes of action that may result
at any time in the future, whether or not they are in the contemplation of thc parties
at the present time and whether or not they arise following ttie execution of this
agreement as the result of and by reason of any treatment or care rendered to any
victints or patients of the Lessee's ENiS Operation.
'C'he Lessee further agrees to defend against any claims broubht or actions
filed against Lessor with respect to the subject of the indemnities containec3 herein,
whether such claims or actions are rightfully or iqrongfully brought or filed. In
case a claim should be brought or an action filed with resPect to the subjects of
the inlemnities herein, the Lessee agrees that Lessor, after concurrence tiaith the
Lessee, may employ attorneys to appear and defend the clairn or action on the behalf
of Lessor at the expense of the Lessee. Lessor, at its option, shall have the sole
aLzthority for the direction of the defense, and shall be the soIe judge of the
aceeptability of any comprornise or settlement of any claims or acti.orls against
Lessor.
'I'he Lessee agrees that the inclemni.ficati.ons herein stuall inclucic losses for
whicli l.,essor may be legally responsible to others, sustaincd by Lessor by reason of
any act of fraud, dishoriesty, forgery, embezzlement, wrongful ohstrtiction or willful
misapplication of anY of tlie ve}iicles or i.ts equipment by any emPloyee or a.gent
of the Lessee while performing the duties of any offi.ce or position.
Indemniti.es under this agreement shall
aiid its equipment to Lessee aiid shall coTltintie
possible circumstances, wlii4h m:iglit gi.ve rise
ceased to exist.
co;mnence upon dclivery of tIlc vchicle
in ful l force, ur.t:i I, a~~y and al l
for aiiy liability, ta Lessor have
Pag e 3
Lessor shall give written not:ice to the Lessce of any cict or occurence i.n-
volving a liability or claim or demarid or item of cost or as the case may be in-
demnified against herein, within thirty (30) da}'s after the occurrence of such act
or occurrence shall have come to I.essor's Directar's knowledge.
Any notice given under this lcase by the Lessee to Lessor shall be in wrzting
and st►all be given by sendi.ng said notice by certifiecl rnail to Lessor at its acldress as
set out in this lease or such other address as Lessor sha.11 have last furnished to
the Lessee in writing, or by serving saicl notice personally on the Director of
Lessor.
On the cancellation or termination of this lease, in whole or as to any vehicle
and its equipment or vehicles and their equipment leased hereunc.icr, the Lessee shall,
on the effective day of any cancellation ar determination return to the l.ocation
at which delivery of said vehicle or vehicles and equipment shall have been made
to the Lessee, or at such other location as may have been designated by Lessee,
suc.h vehicle and zts equipment or vehicles and their eqeiipment in as good condition
and running arder as they wcre when received by the Lessee, ordi.nary wear and tear
excepted.
No cancellation or termination of this lease by either party shall in any
4;ay relieve the Lessee of liability for any indemnity undertakeii h::rein by the
Lessee, nor any damages which LessQr shall have sustained, whether by oinission or
commission.
This lease shall be governed by the laws of the United States and the State
of Texas and constitutes the entire agreement between Lessor and the I.essee with
respect to the furnishing of the motor vehicles and their equipment.
Neither this lease nor any interest herein may be assigried hy the I.essee ttiltllOUt
written consent of Lessor.
The failure of either party hereto in any one or more instances to insist
on the performance of any of the terms, cavenants or conditions of this lease, to
exercise any right or privilegc in t}iis lease conferred or the tivai.ver of any, breach
of any of the terms, covenants, or conditions of this lease, shal.l not be construed
as thereafter waiving any SL1C}1 terms, covenants, conditions, rights or privileges,
but the same shall continue and remain in full force and effect as if no such foxe-
bearance or waiver had occurred.
7'his lease and the schedules now or hereafter made a part hereof may not be
amended or altered in any manner unless such amendment or alteratioii is in writing
and signed on behalf of the parties hereto.
'I'his lease together with all schedules, certi.fications, orders and approvals
now and }Zereafter made a part hereof shall bc binding on the respective parti.es and
the respective successors and assigns.
Page 4
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VEffiCLi: ANi) 1:QUTl'~I1:NT i,1;-1`;!: SCIfi`.1~!11.{:
Date of Schedule: July 19, 19i8
Year: 1978 Nta}ce: Chevrolet
light duty truck
Bocly Stylr: Moclul.ar• Arribulance
Model: cab F chassls Color: iVhite Ser:ia? MBC0225
Engine Ivumber: CC5338V148982 Eqti_ipmc:ttt: Scc F.xhibi.t "A" (,iitacliecl)
hercto an.l_macle a_l>art heroof_
Original tlgreed Value of Vehicle and Its Equipment: $ 19,630.42
IN WITNF.SS 1VEIEREOF, the PARTIE:5 hereto have rna.cie and executed th.is AGEZF:(:MI1:NT aY
Austin, Travis County, 'fexas on the lst day oi' 5eptember , 1979.
TEXAS DEPARTh1ENT OF riF.ALTt(
By:
A.M. Donnell, Jr., M.D.
Deput}, Cormnissioricr
r'1PPROVED :
TDf{ LEGAL DIVISION
By.
CITY OF PARIS
13y:
Michael E. Malone
T i t l c: _Ma~or
A TTEST:
H. C. Greene, City Clerk .
Page 5
+ _ ~ • I
Texas Highway Department
Prescribed 1'orm
LEASED ViiI,ICLE AFFIUAVIT
Motor Veh=iclc Da.vzsian
NOTE: For use only by exempt agencics iri the Statc of 'I'ex:.is. (State f1gCIlC1.C:;,
counties, cities, school districts)
'V.C.S.6675a-1 (1). "Owrier" means any person who holds the legal titlc of a vehiclc
or who has the Icgal r. ight of posscss.ion tiu:reof, or the 1ega! right: of cor:trol of
said vehicle.'
TO THE TEXAS HIGfIIVAY DEFf1RTA1ENT:
This is to certify that the Texas I)epartment of Health
Lessor
1100 West 49th Street Austin
Street Address ~ Citv
Texas
State
is the legal holder of the vehicle(s) clesrribed on the attached Fui-m(s) 62-t\, and
that, for value receivecl, sa:id vehiclc has bcen leased to
the Ci.ty of Paris
Lessec
who, under the terms of the lease a;;rcornent, hns the legal ri;;lit of possession anc]
the legal right of control of sa.icl vehicle an a fu ll t.ime hasis and i.s, thrrefor.e,
the "ak-ner" of the vehicle, as such term is defined in the Texas tiotor Vehi.cle
Kegistration Law, V.C.S. 6675a-1 (1).
It is agreed that when subject lease is terminatecl, the L.cssec shal) immcdi.ltely
remove the exempt license plates frorn the vehicle and return the plates anc.t li.cense
receipt to the Texas ELighway Depa.rtment fur cancellation.
NAME OF LESSEE:
By' :
NAME OF LESSOft:
BY:
NOTARY SEAL
the City of Paris
Signatzire of Agerlt
TEXAS llEPART'MEN'I' OF (IE:1t.'I;1
S i gnatui•c o E r\gcnt.
7'1'I't.f:: Mayor,
_'I'I'1'Li:: _Deputy Commissioner
Subscribe:l alid sworii tu heforc ii:c t:1i i s I9
, "fex;is
-
- • -
Notary {'uhl i: 1:;~lo;t,,
lMf'ORTAh"I'' "I'hi5 .ifiidavit rnust hc att;!chcd to the applicat ion for cxempt liccnsc
piatcs, Forr; 62,1
For•ni 62L (Rcv. I1-63)
, • . . ; ,i.
. , , . . ,
EQUIPMENT SCHEDULE
EXt!IBIT "A"
Scoop stretcher (1)
Oxygen cylinder for piped oxygen (1)
Portable saueeze bag masks (2) wit}i three mask sizes
Stethoscopes (2)
Padded board splints, vinyl padded (6) in following sizes:
3" x 15" (2)
3" x 35" (2)
3" x 54" (2)
Sphygomomanometer (1 each) adult and child sizes
Normal saline solution, sterile 1000 c.c. (2)
Obstetrical kits (2)
Poison antidote kit (1)
Gauze pads, sterile
Pillows (2)
Bite sticks (10)
Adhesive tape, 3" x 5 yds. (6) .
Burn sheet, sterile, 66" x 99" (6)
Triangular bandages with safety pin (12)
Rolled gauze bandages, Kling, sterile, 6" x S yards (12)
Life Saver tubes, 6 sizes, 2 each size
Aluminum foil, large, heavy duty, sterile (2)
Bandage shears (2)
Sterile dressing, 10" x 36" (b)
Portable oxygen with 2 size "D" cylinders, 2 sizes clear mask,
adult and child
Ohio flowmeter and humidifier (1)
Piped oxygen system
Portable electric suction (1)
Fire extinguisher, 5# dry chemical (1)
Backboards, (2) of following sizes:
72" x 18", Ferno #60 and 32" x 18", Ferno #61
Traction Splint (1)
Hare Splint (1)
Style 1 cot, Ferno #30, with mattress and 3 safety straps (1)
Style 3 cot, Ferno #I1 with 3 safety straps Cot IV holders, Ferno #513 (2)
Airway kit (1)